ORD 98-42 STORMWATER FACILITIES MAINTENANCE PROGRAMORDINANCE NUMBER 98 - 42
AN ORDINANCE of the City of Bainbridge Island, Washington
approving a Stormwater Facilities Maintenance Program and
adding a new Chapter 15.21 to the Bainbridge Island Municipal
Code.
WHEREAS, stormwater facilities are a common feature of urban development;
WHEREAS, stormwater facilities must be regularly inspected and maintained to function
properly and perform as designed to prevent or remove pollution and reduce flooding;
WHEREAS, if not adequately maintained, stormwater facilities can become sources of
pollutants to surface water and groundwater; and
WHEREAS, if not adequately maintained, stormwater facilities can fail and cause
considerable damage to the public; now therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1.
follows:
A new Chapter 15.21 is added to the Bainbridge Island Municipal Code as
15.21.010 Purpose.
The purpose of this chapter is to ensure maintenance of all stormwater facilities within
the City and to set minimum standards for the inspection and maintenance of stormwater
facilities. The provisions of this chapter are intended to:
A. Provide for inspection and maintenance of stormwater facilities in the City to provide
for effective and functional stormwater drainage systems.
B. Authorize the City, through the Public Works Department, to require that stormwater
facilities be operated, maintained and repaired in conformance with this chapter.
C. Establish the minimum level of compliance.
D. Guide and advise all who conduct inspection and maintenance of stormwater
facilities.
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15.21.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. Best Management Practice CBMP"), means physical, structural, and/or managerial
practices that, when used singular or in combination, prevent or reduce pollution of water, and
have been approved by the Washington State Department of Ecology. BMPs are listed and
described in the Stormwater Management Manual.
B. Person means any individual, partnership, corporation, association, organization,
cooperative, public or municipal corporation, agency of the state, or local government unit,
however designated.
C. Stormwater means that portion of precipitation that does not naturally percolate into
the ground or evaporate, but flows via overland, interflow, channels or pipes into a defined
surface water channel, or a constructed infiltration facility.
D. Stormwater drainage system means constructed and natural features which function
together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert,
treat or filter stormwater.
E. Stormwater facility means a constructed component of a stormwater drainage system,
designed or constructed to perform a particular function, or multiple functions, including but not
limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins,
constructed wetlands, infiltration devices, catchbasins, oil/water separators, sediment basins and
modular pavement.
F. Stormwater Management Manual or ("Manual") means the Manual adopted by
reference and prepared by the Washington State Department of Ecology which contains BMPs to
prevent or reduce pollution.
15.21.030 General Provisions.
A. Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate,
or impair any existing regulations, easements, covenants, or deed restrictions. However, where
this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
B. Interpretation. The provisions of this chapter shall be held as minimum requirements
in their interpretation and application and shall be liberally construed to serve the purposes of
this chapter.
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C. Applicability
1. When any provision of the Bainbridge Island Municipal Code conflicts with this
chapter, the provision which provides more environmental protection shall apply.
2. The Department of Public Works/Engineering Department is authorized to adopt
written procedures for the purposes of carrying out the provisions of this chapter.
15.21.040 General Requirements.
A. Maintenance required. All stormwater facilities shall be maintained in accordance
with this chapter and the Stormwater Management Manual. Systematic, routine preventive
maintenance is preferred.
B. Minimum standards. The following are the minimum standards for the maintenance
of stormwater facilities:
1. Facilities shall be inspected annually and cleared of debris, sediment and
vegetation when they effect the functioning and/or design capacity of the facility.
2. Grassy swales and other biofilters shall be inspected monthly and mowed or
replanted as necessary. Clippings are to be removed and properly disposed of.
3. Where lack of maintenance is causing or contributing to a water quality problem,
immediate action shall be taken to correct the problem. Within one month, after initial
recognition of problem, the City Inspector shall revisit the facility to assure that the problem has
been rectified.
C. Disposal of waste from maintenance activities. Disposal of waste from maintenance
activities shall be conducted in accordance with the minimum Functional Standards for Solid
Waste Handling, Chapter 173-304 WAC, guidelines for disposal of waste materials from
stormwater maintenance activities, and where appropriate, the Dangerous Waste Regulations,
Chapter 173-303 WAC.
D. Compliance. Property owners are responsible for the maintenance, operation or repair
of stormwater drainage systems and BMPs. Property owners shall maintain, operate and repair
these facilities in compliance with the requirements of this chapter and the Stormwater
Management Manual.
15.21.050 Administration.
A. Director. The Public Works Director, and/or designee, shall administer this chapter
and shall be referred to as the Director. The Director shall have the authority to develop and
implement administrative procedures to administer and enforce this chapter.
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B. Inspection authority. The Director is directed and authorized to develop an inspection
program for stormwater facilities in the City.
C. Enforcement authority. The Director shall enforce this chapter.
15.21.060 Inspection Program.
A. Inspection. Whenever implementing the provisions of the inspection program, or
whenever there is cause to believe that a violation of this chapter has been or is being committed,
the Inspector is authorized to inspect (during regular working hours and at other reasonable
times) all stormwater drainage systems within the City to determine compliance with the
provisions of this chapter.
B. Procedures. Prior to making any inspections, the Inspector shall present identification
credentials, state the reason for the inspection and request entry.
1. If the property or any building or structure on the property is unoccupied, the
Inspector shall first make a reasonable effort to locate the owner or other person(s) having charge
or control of the property or portions of the property and request entry.
2. If after reasonable effort, the Inspector is unable to locate the owner or other
person(s) having charge or control of the property, and has reason to believe the condition of the
stormwater drainage system creates an imminent hazard to persons or property, the Inspector
may enter the property.
3. If the owner or person(s) in control of the property or portion of the property
denies consent to enter and conditions are believed to exist which create imminent hazard to
persons or property, the Inspector shall obtain a search warrant, prior to entry, as authorized by
the laws of the State of Washington.
4. The Inspector may inspect the stormwater drainage system without obtaining a
search warrant provided the inspection can be conducted while the Inspector remains on public
property or other adjacent property for which permission to enter has been obtained.
C. Inspection schedule. The Director shall establish a master inspection and
maintenance schedule to inspect appropriate stormwater facilities that are not owned or operated
by the City. Inspections shall be annual. Critical stormwater facilities may require a more
frequent inspection schedule.
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D. Inspection and maintenance records. As existing stormwater facilities are
encountered, they shall be added to the master inspection and maintenance schedule. Records of
new stormwater facilities shall include the following:
1. As-built plans and locations;
2. Findings of fact from any exemption granted by the local government;
3. Operation and maintenance requirements and records of inspection maintenance
actions and frequencies; and
4. Declaration of Covenant Associated with Maintenance and Operation of Storm
Drainage Facilities. See attached "Exhibit A".
5. Engineering reports, as appropriate.
E. Reporting requirements. The Inspector shall report annually to the Director of Public
Works about the status of the stormwater facilities inspections. The annual report may include,
but not limited to, the proportion of the components found in and out of compliance, the need to
upgrade components, enforcement actions taken, compliance with the inspection schedule, the
resources needed to comply with the schedule, and comparisons with previous years.
15.21.070 Enforcement.
A. General. Enforcement action, as provided by BIMC 1.26, shall be taken whenever a
person has violated any provision of this chapter.
B. Orders. The Director or designee shall have the authority to issue to an owner or
person in control of a stormwater facility deemed to be in violation of this chapter, an order to
maintain or repair a component of a stormwater facility or BMP to bring it in compliance with
this chapter, the Stormwater Management Manual and/or City regulations. The order shall
include:
1. A description of the specific nature, extent and time of the violation and the
damage or potential damage that reasonably might occur;
2. A notice that the violation or potential violation cease and desist and, in
appropriate cases, the specific corrective actions to be taken;
3. A reasonable time to comply, depending on the circumstances.
C. Civil penalty. A person who fails to comply with the requirements of this chapter or
who fails to conform to the terms of an approval or order issued shall be subject to civil penalties
as provided for in the BIMC 1.26.090.
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15.21.080 Severability
A. If any provision of this Chapter or its application to any person, entity, or
circumstance is held invalid, the remainder of this Chapter or the application of the provision to
other persons, entities, or circumstances shall not be affected.
Section 2. This ordinance shall take effect and be in force five days from and after its
passage, approval and publication as provided by law.
PASSED by the City Council this 4TFI day of March ,1999.
APPROVED by the Mayor this 5TH day of March
,1999.
ght Sutton,
A TTES T/A UTHENTI C ATE:
·
Susan P. Kasper, City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
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EXHIB I T A
DECLARATION OF COVENANT ASSOCIATED WITH MAINTENANCE
AND OEPRATION OF STORM DRAINAGE FACILITIES
Grantor:
Additional Grantor:
Grantee:
Additional Grantee:
Legal Description __1/4 __l/4sec __T__R__W.M. Additional Legal:
Assessor's Tax Parcel #:
Additional #:
Reference Auditor File #:
Additional #:
Whereas the city of Bainbridge Island, a political subdivision of the State of Washington,
has rights under city ordinances, codes, and Washington State statutes to regulate storm water
drainage, and The City of Bainbridge Island, Department of Public Works has issued a permit
number for the development known as which contains
on-site stormwater facilities.
The Grantors, hereinafter known as the owner(s) of the real property situated in the City
of Bainbridge Island, State of Washington, and legally described as follows:
The owner(s), their heirs, successors or assigns, hereby covenant and agree that:
o
The City of Bainbridge Island, or its designee, shall have the right to ingress and egress over
the above described property for the purpose of inspecting, sampling and monitoring
stormwater facility components and discharges.
0
If, at any time, the City of Bainbridge Island, reasonably determines that maintenance or
repair work is required to be done to the existing and accepted stormwater facilities installed
on the property described above (which will mean repair or clean out existing facilities only
to the same standards as originally installed and accepted), the COBI City Engineer or his/her
designee shall give the Owner(s) seven (7) days notice that the City intends to perform such
maintenance or repair work, or to have them performed by others. If the owner(s) have not
completed or are not diligently pursuing the maintenance or repair work to the facilities and it
becomes necessary for the City to perform the work, the Owner(s) will assume responsibility
for the cost of such maintenance or repair work and will reimburse the City within thirty (30)
working days of receipt of the invoice for any such work performed. Overdue payments will
require payment of interest at the current legal rate for liquidated judgments, and any costs or
fees incurred by the City, should any legal action be required to collect such payments, will
be borne by the parties responsible for said reimbursements.
TRN/PWClerks/Ordinances/Stormwater Maintenance 7
o
If, at any time, the City reasonably determines that the existing and accepted stormwater
facilities installed on the property described above poses a hazard to life and limb, or
endangers property, or adversely affects the safety and operations of public way, due to
failure, damage or non-maintenance, and that the situation is so adverse as to preclude written
notice to the Owner(s), the City Engineer may take the measures necessary to eliminate the
hazardous situation (which will mean repair or clean out of the existing facilities only to the
same standards as originally installed and accepted) provided the Director, or his/her
designee, has first made a reasonable effort to locate said Owner(s) before acting. The
Owner(s) will assume responsibility for the cost of such maintenance or repair work and will
reimburse the City within thirty (30) days of receipt of the invoice for any such work
performed. Overdue payments will require payment of interest at the current legal rate for
liquidated judgments, and any costs or fees incurred by the City should any legal action be
required to collect such payments, will be borne by the parties responsible for said
reimbursements.
,
The Owner(s) will keep the City informed at all times as to the name, address and telephone
number of the contact person responsible for the performance of maintenance or repair work
to the storm drainage facilities.
o
The Owner(s) agree to hold harmless and indemnify the City or its designee from any and all
claims arising from any activity the City undertakes on the property described above if it
becomes necessary for the City to conduct maintenance or repair work.
These covenants are intended to protect the value and desirability of the real property
described above, and to benefit all the citizens of the City of Bainbridge Island. They shall run
with the land and be binding on all parties having or acquiring from the Owner(s), their heirs,
successors or assigns, any right, title or interest in the property or any part thereof. They shall
inure to the benefit of each present or future successor in interest of said property or any part
thereof, or interest therein, and to the benefit of all the citizens of the City of Bainbridge Island.
Owner Date
Owner Date
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